PSC 185.37(11)(e) (e) If a disputed issue cannot be resolved, the utility shall inform the customer of the right to appeal to the commission.

PSC 185.37(11)(f) (f) Disconnection notice shall be given on a form approved by the commission, and shall contain the following information:

PSC 185.37(11)(f)1. 1. The name and address of the customer and the address of the service, if different;

PSC 185.37(11)(f)2. 2. A statement of the reason for the proposed disconnection of service and that disconnection shall occur if the account is not paid, or if arrangement is not made to pay the account under deferred payment agreement, or if other suitable arrangements are not made, or if equipment changes are not made. If disconnection of service is to be made for default on a deferred payment agreement, the notice shall include an explanation of the acts of the customer which are considered to constitute default;

PSC 185.37(11)(f)3. 3. A statement that the customer shall communicate immediately upon receipt of the notice with the utility’s designated office, listing a telephone number, if the customer disputes the notice of delinquent account, if the customer wishes to negotiate a deferred payment agreement as an alternative to disconnection, if any resident is seriously ill, or if there are other extenuating circumstances, as the presence of infants or young children in the household, the presence of aged, or persons with disabilities in the household, the presence of residents who use life support systems or equipment or residents who have developmental or intellectual disabilities;

PSC 185.37(11)(f)4. 4. A statement that residential utility service shall be continued for up to 21 days during serious illness if the account holder submits a statement or notice pursuant to sub. (10);

PSC 185.37(11)(f)5. 5. A statement that the customer may appeal to the commission staff in the event that the grounds for the proposed disconnection or the amount of any disagreement remains in dispute after the customer has pursued the available remedies with the utility.

PSC 185.37(12) (12) Service shall not be disconnected on a day, or on a day immediately preceding a day, when the business offices of the utility are not available to the public for the purpose of transacting all business matters unless the utility provides personnel which are readily available to the customer 24 hours per day to evaluate, negotiate, or otherwise consider the customer’s objection to the disconnection as provided under s. PSC 185.39, and proper service personnel are readily available to restore service 24 hours per day.

PSC 185.37(13) (13) Notwithstanding any other provision of this chapter, utility service may not be refused because of a delinquent account if the customer or applicant provides, as a condition of future service a deposit or guarantee, as governed by s. PSC 185.36, or a voucher agreement. If the guarantor has agreed to be responsible for payment of all future bills, the customer shall be notified of the billing arrangement and of the ability to reject the proposed arrangement.

PSC 185.37 History History: Cr. Register, January, 1997, No. 493, eff. 2-1-97; CR 01-033: am. (1) (b), (2) (e) and (L), (8) (h), (9) and (11) (a), cr. (1m), (2) (am) and (8m), Register October 2001 No. 550, eff. 11-1-01; CR 13-048: am. (2) (k), r. (2) (L) Register July 2014 No. 703, eff. 8-1-14; 2019 Wis. Act 1: am. (11) (f) 3. Register May 2019 No. 761, eff. 6-1-19.

PSC 185.38 PSC 185.38 Deferred payment agreement.

PSC 185.38(1) (1) A utility is required to offer deferred payment agreements to residential accounts and encouraged to offer such agreements to other customers.

PSC 185.38(2) (2) Every deferred payment agreement entered into due to the customer’s inability to pay the outstanding bill in full shall provide that service shall not be discontinued if the customer pays a reasonable amount of the outstanding bill, agrees to pay the remaining outstanding balance in installments, and agrees to pay the current bill by the due date.

PSC 185.38(3) (3) For purposes of determining reasonableness in sub. (2), the parties shall consider the customer’s ability to pay, including the following factors:

PSC 185.38(3)(a) (a) Size of the delinquent account;

PSC 185.38(3)(b) (b) Customer’s payment history;

PSC 185.38(3)(c) (c) Time that the debt has been outstanding;

PSC 185.38(3)(d) (d) Reasons why the debt has been outstanding;

PSC 185.38(3)(e) (e) Any other relevant factors concerning the circumstances of the customer such as household size, income, and necessary expenses.

PSC 185.38(4) (4) A deferred payment agreement offered by a utility shall state immediately preceding the space provided for the customer’s signature and in bold face print at least 2 sizes larger than any other print used, that:

PSC 185.38(4)(a) (a) You have the right to suggest a different payment agreement;

PSC 185.38(4)(b) (b) If you believe the terms of this agreement are unreasonable, DO NOT SIGN IT;

PSC 185.38(4)(c) (c) If you and the utility cannot agree on terms, you may ask the commission to review the disputed issues;

PSC 185.38(4)(d) (d) If you sign this agreement, you agree that you owe the amount due under the agreement;

PSC 185.38(4)(e) (e) Signing this agreement does not affect your responsibility to pay for your current service. Allowing any bill for current service to become delinquent places you in default of this agreement.

PSC 185.38(4m) (4m) A utility that does not require a written deferred payment agreement shall communicate to the customer all points listed in sub. (4) except those pertaining to a signature when making the arrangement with the customer. A utility shall send written confirmation of a deferred payment agreement upon customer request. The commission may require a utility to use written deferred payment agreements if it has evidence that the terms of the agreements are not being effectively communicated to customers.

PSC 185.38(5) (5) A delinquent amount, including late payment charges covered by a deferred payment agreement, shall not be subject to an additional late payment charge if the customer meets the payment schedule, including the current bill required by the agreement. A deferred payment agreement shall not include a finance charge.

PSC 185.38(6) (6) If an applicant for utility service or current customer has not fulfilled terms of a deferred payment agreement and there has not been a significant change in the customer’s ability to pay since the agreement was negotiated, the utility shall have the right to disconnect pursuant to disconnection of service rules (s. PSC 185.37) and under such circumstances, it shall not be required to offer subsequent negotiation of a deferred payment agreement prior to disconnection.

PSC 185.38(7) (7) Any payments made by a customer solely in compliance with a deferred payment agreement, and not as part of a payment for other utility services, shall first be considered as payment toward the deferred payment agreement with any remainder credited to the current bill. Payments made to satisfy a current bill for utility service, which may include a portion for a deferred payment agreement, shall be credited as set forth in s. PSC 185.33 (4).